United States v. Shaw, 309 U.S. 495 (1940)

U.S. Supreme Court

United States v. Shaw, 309 U.S. 495 (1940)

1. A suit against the United States may be brought only with consent given, and in the courts designated, by statute. P. 309 U. S. 500.

2. The United States, by filing a claim against an estate in a state probate proceeding, does not subject itself to a binding, though not enforceable, ascertainment and allowance of a cross-claim against itself in excess of set-off. The Thekla,266 U. S. 328, distinguished. Pp. 309 U. S. 501-504.

3. By taking over the assets of the Fleet Corporation and assuming its obligations, the United States did not waive its immunity from suit in a state court on a counterclaim based on the corporation's breach of contract. P. 309 U. S. 505.

290 Mich. 311, 287 N.W. 477, reversed.

Certiorari, 308 U.S. 548, to review the affirmance of a decree in probate holding the United States indebted to a decedent's estate on a counterclaim.

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